IN THE CASE OF:	  

		BOARD DATE:	    24 September 2015

		DOCKET NUMBER:  AR20150009340 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of:

* his date of rank (DOR) in the U.S Army Reserve (USAR)
* items 12a (Record of Service – Date Entered AD This Period) and 12i (Effective Date of Pay Grade) of his DD Form 214 (Certificate of Release or Discharge From Active Duty) for the period ending 16 September 2011 

2.  The applicant states: 

* he is requesting a determination of his DOR in the USAR to captain (CPT)/O-3 and correction of the effective date of his pay grade on his 
DD Form 214 
* his original oath of office has his rank as CPT/O-3, but there is a questionable correction to first lieutenant (1LT)/O-2
* he did not execute an oath of office as a 1LT  
* he is currently serving as an active duty chaplain in the Air Force at  Kadena Air Base, Japan

3.  He provides:

* appointment letters
* DA Form 71 (Oath of Office – Military Personnel)
* Orders B-03-801929
* DD Form 214
* self-authored letter
CONSIDERATION OF EVIDENCE:

1.  On 18 July 2006, the applicant received an appointment memorandum that shows he was appointed as a USAR Commissioned Officer of the Army in the Chaplain Branch in the rank/grade of 1LT/O-2 with 2 years’ time in grade (TIG) credit.

2.  On 31 July 2006, the applicant completed and signed a DA Form 71 that shows he was appointed as a USAR Commissioned Officer of the Army in the Chaplain Branch in the rank/grade of CPT/O-3.  His appointment memorandum dated 18 July 2006 shows he was credited with 4 years TIG. 

3.  On 7 January 2007, the applicant was activated for his required training.  On 7 April 2007 he was honorably released from active duty and returned to the USAR.

4.  Orders M-04-700436, dated 23 April 2007, issued by the U.S. Army Human Resources Command (HRC) ordered him to a period of active duty from 
15 May 2007 until 13 May 2008.

5.  On 8 February 2008, while still in the USAR, the applicant submitted a 
DD Form 2088 (Statement of Ecclesiastical Endorsement) requesting a commission in the Regular Army with 17 years of ministry experience which was validated by his endorser and submitted to the Chief of Chaplain’s Office with his application.  

6.  On 24 March 2008, HRC issued Orders B-03-801929, which show the applicant was promoted in the USAR to CPT/O-3 with an effective date of 
8 February 2008.

7.  Orders 113-0003, dated 22 April 2008, issued by Headquarters, Fort Stewart and Hunter Army Airfield, Fort Stewart, GA, released the applicant from active duty and assigned him to USAR Control Group (Reinforcement), effective 
13 May 2008.

8.  Orders A-05-809356, dated 20 May 2008, issued by HRC, ordered the applicant to active duty in the rank of CPT/O-3 effective 17 June 2008.

9.  Orders Number 220-005, dated 7 August 2008, issued by HRC, shows the applicant was assigned an active DOR (ADOR) for CPT/O-3 of 8 February 2008.

10.  Order Number 133-007, dated 13 May 2010, issued by HRC, amended the applicant’s ADOR for CPT/O-3 from 8 February 2008 to 17 June 2007.
11.  On 16 September 2011, he was honorably discharged as a CPT/O-3.  He had 3 years and 3 months of net active duty service.  He is currently serving in an active duty status in the U.S. Air Force.

12. The applicant’s final Army DD Form 214 shows in:

* item 12a  - “2007 05 15“
* item 12i -  “2007 08 17”

13.  On 29 July 2015, during the processing of this case, the Office of the Chief of Chaplains provided an advisory opinion.  The advisory official stated, in part, that the applicant possessed a DD Form 2088 showing 17 years of ministry experience validated by his endorser and submitted to the Chief of Chaplain’s Office with his application.  In accordance with Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army), Table 3-1, a chaplain applicant with over 13 years of ministry experience is eligible to be appointed as a CPT with 3 years TIG.  Therefore, the applicant was eligible for appointment as a CPT with 3 years TIG.  

14.  Army Regulation 135-100, chapter 3, section III, addresses appointment of chaplains.  It states qualified applicants without prior commissioned service will be credited with 3 years of service in an active status, and they will be appointed in the rank of 1LT.  Table 3-1 states an additional 1 year of constructive service credit (CSC) may be granted based on seven or more years of extensive practical experience in a ministry as documented on the DD Form 2088 submitted by the individual’s Ecclesiastical Endorsing Agency.

15.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes the policies and procedures for the promotion of Regular and Reserve Component officers.  Table 2-1 of this regulation provides for the TIG requirements for promotion of commissioned officers.  It states that for promotion from CPT to MAJ, the minimum number of years in the lower grade is 4 years and the maximum number of years in the lower grade is 7 years.

16.  Army Regulation 135-155 states that officers who, through administrative error, have either failed to be selected for promotion or were erroneously not considered for promotion may be reconsidered for promotion by either a promotion advisory board or a special selection board (SSB), as appropriate.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his entry grade and DOR for CPT/O-3 in the USAR should be adjusted to 31 July 2006, the date he received his appointment, and a correction to his final DD Form 214 for items 12a and 12i were carefully considered.

2.  The evidence of record shows that on 31 July 2006, the applicant was appointed in the USAR.  

3.  The advisory opinion states that chaplains with over 13 years of ministry experience are eligible to be appointed to CPT/O-3 with 3 years TIG.  The governing regulation confirms the information in the advisory opinion.  Pursuant to the DD Form 2088, the applicant had over 17 years of ministry experience which was confirmed by the Ecclesiastical Endorsing Agent.

4.  Based on the available evidence, it would be appropriate to correct the applicant’s record to show he was appointed in the USAR on 31 July 2006 as a CPT/O-3 with 3 years TIG credit.  

5.  Orders M-04-700436 show he was ordered to active duty service with an effective date of 15 May 2007 and to be released from active duty no later than 13 May 2008.

6.  Orders A-05-809356 show that the applicant received orders transferring him from USAR status to the active duty component in the Regular Army (RA) in the rank of CPT/O-3 effective 17 June 2008.  There is no evidence of record to show he entered active duty status service prior to 17 June 2008.

7.  On 31 July 2010, the applicant would have completed 7 years TIG as a CPT/O-3 and may have been eligible for consideration for promotion to major (MAJ)/O-4.  He was honorably released from the RA on 6 September 2011 as a CPT/O-3. 

8.  The appropriate authority should review his records to determine if, based on the recommended corrections, he should have been considered for subsequent promotions and, if so, his record should be submitted to the appropriate boards for review.  Additionally, he should be retroactively provided any back pay and allowances to which he is entitled as a result of these corrections.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  Deleting from his final DD Form 214:

* Item 12a - “2007 05 15”
* Item 12i  - “ 2007 08 17” 

b.  Adding to his final DD Form 214:

* Item 12a -  “2008 06 17”
* Item 12i – “2006 07 31”

c. Amending his “Appointment as a Reserve Commissioned Officer of the 
Army” letter dated 18 July 2006 to show he was appointed as a CPT/O-3 in the USAR with an effective date of 31 July 2006 and a TIG credit of 3 years.  

d.  Paying him all back pay and allowances as a result of this correction.

e.  Directing the appropriate authority to review his records to determine if, 
based on these corrections, he should have been considered for promotion to MAJ and, if so, to submit his record to the appropriate boards for review.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 


denial of so much of the application that pertains to correcting of his final DD Form 214, item 12a, to show a date of 15 May 2008.


      
      
      
      _______ _   x_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110018849



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ABCMR Record of Proceedings (cont)                                         AR20150009340



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